Morrell and Blakeley

Case

[2014] FCCA 1888

22 August 2014


Details
AGLC Case Decision Date
Morrell and Blakeley [2014] FCCA 1888 [2014] FCCA 1888 22 August 2014

CaseChat Overview and Summary

The case of Morrell and Blakeley concerned parenting orders for two children, X and Y. The dispute involved the arrangements for the children's residence, time spent with each parent, communication, education, and financial contributions towards relocation and ongoing expenses. The matter was before Judge Myers.

The court was required to determine the specific terms of shared parental responsibility, including the primary residence of the children, the schedule for time spent with each parent, and provisions for communication between the children and the non-resident parent. Further issues included arrangements for the children's education, including the payment of school fees, and financial orders related to the mother's potential relocation and the establishment of a new residence for the children. The court also had to consider specific provisions for the younger child, Y, until he reached a certain age.

Judge Myers made orders establishing equal shared parental responsibility. The children were to live with the mother, conditional on her maintaining residence within 50 kilometres of a specified post office. Detailed provisions were set out for the children's time with the father, including alternate weekends, mid-week time, and specific arrangements for school holidays, which varied depending on whether child X had commenced school. The orders also included provisions for communication, changeovers, and the father's financial responsibility for the children's education. In the event the mother did not relocate as stipulated, alternative residence and time arrangements with the father were ordered. The court also made specific orders regarding the mother's relocation costs and ongoing rental contributions, which the father had consented to.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Starr & Duggan [2009] FamCAFC 115
Sealey & Archer [2008] FamCAFC 142